Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the report supplied by the Government and requests it to provide the necessary information on the points raised below.

Article 6 of the Convention. The Committee notes that the Government’s report does not contain the information requested in its previous comment concerning the limits which may be applied ratione temporis to the protection of wages in the event of the employer’s insolvency or the termination of the employment relationship. Recalling that Article 6(a), (b) and (c) of the Convention require a minimum duration of coverage for workers’ privileged claims, the Committee once again requests the Government to indicate whether wage claims and other claims by workers, within the meaning of sections 116 and 117 of the Labour Code, are or are not limited to a specific duration.

Article 7, paragraph 1. With reference to its previous comment concerning the adoption, under section 129 of the Labour Code, of regulations establishing the portion of wages subject to progressive levies and the respective rates, the Committee notes the Government’s indication referring to Decree No. 73-176 of 7 August 1973 respecting the proportions of wages, salaries and additional emoluments paid to public officials and temporary employees of state public administrations and establishments which may be assigned, attached or which may not be attached. However, as the Government has not provided a copy of this text, the Committee is not in a position to assess its terms and hopes that the Government will ensure that a copy is provided with its next report. As the scope of the above Decree is confined to the public sphere, the Committee would also be grateful if the Government would indicate for other workers the manner of determining the unattachable proportion of the wage covered by the privilege accorded to wages in the event of the insolvency or bankruptcy of the employer, as set out in section 117 of the Labour Code.

Article 8, paragraph 1. The Committee notes the Government’s statement indicating that workers’ claims are in effect given a higher rank than those of the State and the social security system. It would be grateful if the Government would indicate the rank of privilege of workers’ claims in relation to other privileged claims and if it would provide information concerning the organization of the procedure applicable to the payment of privileged claims and, where appropriate, copies of the texts issued for this purpose.

Furthermore, the Committee would be grateful if the Government would provide with its next report, in accordance with Parts III and IV of the report form, general information on the application of the Convention in practice and indications of the decisions handed down by courts of law or other tribunals involving questions of principle relating to the application of the Convention.